| Docket Entries |
| Date | Type | Description | Pending? | Document |
| 04/29/2005 | Other | Disqualification of Justice Douglas. Sat in district court proceedings. | | |
| 04/29/2005 | Filing Fee | Received Filing Fee Paid on Filing. $250.00 from Law Offices of David R. Sidran--check no. 5241. | | |
| 04/29/2005 | Notice of Appeal Documents | Filed Certified Copy of Notice of Appeal/Settlement. Notice re: settlement conference program/suspension of rules mailed to all counsel. (Docketing statement mailed to counsel for appellant.) | | 05-08442
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| 05/05/2005 | Settlement Notice | Issued Notice: Assignment to Settlement Program. Settlement Judge: Lester H. Berkson. (Briefing and preparation of transcripts suspended pending further order of this court.) | | |
| 05/16/2005 | Filing Fee | Received Filing Fee Paid on Filing. $250.00 on cross-appeal from Benjamin B. Childs, Ltd.--check no. 8564. | | |
| 05/16/2005 | Notice of Appeal Documents | Filed Certified Copy of Notice of Cross-Appeal. (Docketing statement mailed to counsel for cross-appellant.) | | 05-09499
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| 05/16/2005 | Notice/Outgoing | Issued Notice. Parties are advised to notify this court immediately if a change of designation of parties is desired. | | |
| 05/17/2005 | Notice/Outgoing | Letter. Lester H. Berkson. (Notice of Cross-Appeal) | | |
| 05/23/2005 | Notice/Outgoing | Issued Notice to File Docketing Statement. Respondent/Cross-Appellant. | | |
| 06/06/2005 | Docketing Statement | Filed Docketing Statement. Respondent/Cross-Appellant. Issued Notice to Provide Proof of Service on Settlement Judge. | | 05-10991
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| 06/06/2005 | Docketing Statement | Filed Docketing Statement. Appellant/Cross-Respondent. | | 05-11035
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| 06/06/2005 | Notice of Appeal Documents | Filed Certified Copy of Notice of Appeal/Amended/Supplemental. Filed in district court on June 2, 2005 | | 05-11061
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| 06/06/2005 | Notice of Appeal Documents | Filed Certified Copy of Notice of Appeal/Amended/Supplemental. Filed in district court on June 1, 2005. | | 05-11065
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| 06/07/2005 | Notice/Outgoing | Letter. Lester H. Berkson. (amended notices of appeal) | | |
| 06/13/2005 | Notice/Incoming | Filed Proof of Service. of Docketing Statement on Settlement Judge. Respondent/Cross-Appellant. | | 05-11593
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| 07/26/2005 | Settlement Program Report | Filed Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. | | 05-14840
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| 08/01/2005 | Settlement Order/Procedural | Filed Order: No Settlement/Briefing Reinstated. Appellants/cross-respondents (appellants) and respondents/cross-appellants (respondents) shall each have 15 days from the date of this order to request transcripts in compliance with NRAP 9(a). Appellants shall have 90 days from the date of this order to file and serve the opening brief and appendix on appeal. Respondents shall have 30 days from service of appellants' opening brief to file and serve a combined answering brief on appeal and opening brief on cross-appeal. Appellants shall have 30 days from service of respondents combined brief to file and serve a combined reply brief on appeal and answering brief on cross-appeal. Respondents shall have 30 days from service of appellants' combined brief to file and serve a reply brief on cross-appeal, if deemed necessary. | | 05-15192
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| 08/11/2005 | Transcript Request | Filed Request for Transcript of Proceedings. Respondents/Cross-Appellants. Transcripts requested: 04/28/03 through 04/30/03 and 02/15/05 through 02/18/05. To Court Reporter: Department 12. | | 05-15858
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| 08/17/2005 | Transcript Request | Filed Request for Transcript of Proceedings. Transcripts requested: 03/21/05. To Court Reporter: Stacy L. Briggs. | | 05-16308
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| 08/17/2005 | Transcript Request | Filed Request for Transcript of Proceedings. Transcripts requested: 05/02/05. To Court Reporter: Cheryl Gardner. | | 05-16309
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| 08/17/2005 | Transcript Request | Filed Request for Transcript of Proceedings. Transcripts requested: 06/02/03, 08/04/03, and 05/02/05. To Court Reporter: Kit MacDonald. | | 05-16310
|
| 08/19/2005 | Motion | Filed Motion to Extend Time. Affidavit. (Court Reporters Stacy L. Briggs and Sherry Graham are each requesting a 30-day extension of time to file transcripts.) | | 05-16533
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| 08/26/2005 | Transcript | Filed Transcript. Proceedings: May 2, 2005. Court Reporter: Cheryl Gardner. | | 05-17009
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| 09/08/2005 | Transcript | Filed Transcript. Proceedings: March 21, 2005. Court Reporter: Stacy L. Briggs. | | 05-17770
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| 09/28/2005 | Transcript | Filed Transcript. Proceedings: 06/02/03 and 08/04/03. Court Reporter: Kit MacDonald. | | 05-19231
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| 11/02/2005 | Brief | Filed Opening Brief. Appellant/Cross-Respondent. | | 05-21645
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| 11/02/2005 | Appendix | Filed Appendix to Opening Brief. | | 05-21646
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| 11/08/2005 | Order/Procedural | Filed Order. No court reporter is obligated to file the April 30, 2003, transcript. Appellant shall pay the required deposit for transcripts within 10 days of the receipt of this order. Transcripts due: 30 days. If more time is needed, the court reporters shall, within the same time period, file a motion for an extension of time. If the requested transcripts cannot be produced, the court reporters shall notify this court in writing. | | 05-21982
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| 11/17/2005 | Motion | Filed Motion. Appellant's Motion to Amend this Court's Order Filed November 8, 2005. | | 05-22736
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| 11/18/2005 | Notice/Incoming | Filed Affidavit. Affidavit from court reporter Sherry Graham re: payment for transcripts. | | 05-22861
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| 11/23/2005 | Letter/Incoming | Filed Letter. from Court Reporter Sherry Graham requesting an extension of time to file the transcipts. | | 05-23161
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| 12/09/2005 | Motion | Filed Stipulation and Order. Brief due: December 12, 2005. | | 05-24103
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| 12/16/2005 | Brief | Filed Answering Brief. | | 05-24499
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| 12/16/2005 | Appendix | Filed Appendix to Answering Brief. Volumes 1 through 3. | | 05-24500
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| 12/19/2005 | Motion | Filed Motion to Dismiss Appeal. Motion to Dismiss Cross Appeal. | | 05-24628
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| 12/21/2005 | Motion | Filed Motion to Extend Time. | | 05-24856
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| 12/28/2005 | Motion | Filed Response to Motion. Opposition to Appellants' Motion to Dismiss Cross Appeal. | | 05-25292
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| 12/29/2005 | Transcript | Filed Transcript. Proceedings: 2/16/05 and 2/17/05. Court Reporter: Sherry L. Graham. | | 05-25363
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| 01/11/2006 | Brief | Filed Reply Brief. Appellant/Cross-Respondent. | | 06-00812
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| 03/06/2006 | Order/Procedural | Filed Order. We deny appellants' motion to dismiss respondents' cross appeal. The motion filed November 17, 2005 is granted. Respondents are responsible for paying the required deposit for the transcripts of the proceedings held on April 28, 2003, April 29, 2003, and February 15, 2005 through February 18, 2005. fn3[Court reporter Sherry Graham's motion for an extension of time filed on November 23, 2005, is denied as moot.] Court reporter Stacy Briggs shall have 10 days to file transcripts for the proceedings held on February 15, 2005 and February 18, 2005. Court reporter Kit MacDonald shall have 10 days to file transcripts for the proceedings held on April 28, 2003 and April 29, 2003. Failure to comply with this court's order may result in the imposition of sanctions against Ms. MacDonald, including referral to the Certified Shorthand Reporters Board of Nevada. If more time is needed to complete the transcripts, the court reporters shall file a motion requesting an extension of time or if the transcripts cannot be produced, notify this court in writing. | | 06-04891
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| 03/14/2006 | Order/Procedural | Filed Order. Respondents/cross-appellants (respondents) reply brief on cross-appeal due: 15 days. Failure to file a timely reply brief may be treated as a waiver of the right to file a reply brief. | | 06-05458
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| 03/15/2006 | Letter/Incoming | Filed Letter. - Affidavit: Regarding Appellate Transcripts - Submitted by Court Reporter Kit MacDonald in Response to Order filed 03/06/06. | | 06-05558
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| 03/15/2006 | Motion | Filed Motion to Extend Time. Affidavit. | | 06-05605
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| 03/29/2006 | Notice/Incoming | Filed Notice. Notice of Firm Name Change. | | 06-06634
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| 03/31/2006 | Brief | Filed Reply Brief on Cross-Appeal. | | 06-06849
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| 04/10/2006 | Notice/Incoming | Filed Certificate of Compliance. Reply Brief on Cross-Appeal. Attached to inside back cover of original and copies of brief. | | 06-07571
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| 07/21/2006 | Order/Procedural | Filed Order. In order to allow this appeal to proceed, we are compelled to grant the motion of Ms. Briggs. The clerk shall file the transcripts received on May 19, 2006. Respondents shall have 7 days from the date of this order to file proof of payment with this court indicating that the deposit for the April 28, 2003, and April 29, 2003, transcripts has been provided to Ms. MacDonald. If they have not paid the deposit, respondents shall pay Ms. MacDonald the deposit within 7 days and provide this court with proof of payment within the same time period. We order Ms. MacDonald to file the April 28, 2003, and April 29, 2003, transcripts within 10 days from the date of this order or to notify the court within the same time period if she has not been paid. | | 06-15224
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| 07/21/2006 | Transcript | Filed Transcript. Proceedings: Tuesday, February 15, 2005 and Friday, February 18, 2005. Court Reporter: Stacy L. Briggs. | | 06-10624
|
| 07/28/2006 | Notice/Incoming | Filed Affidavit. Affidavit of Christopher T. Smith, Esq. | | 06-15772
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| 07/28/2006 | Notice/Incoming | Filed Affidavit. Affidavit re: Preparation of Transcript. | | 06-15775
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| 08/10/2006 | Order/Procedural | Filed Order. Regarding Transcripts. In light of Mr. Smith's and Ms. MacDonald's affidavits, we determined that Ms. MacDonald is not required to file the April 28, 2003, and April 29, 2003, transcripts. | | 06-16580
|
| 08/21/2006 | Transcript | Filed Transcript. Proceedings: 2/15/05 and 2/18/05. Court Reporter: Stacy L. Briggs. | | 06-17370
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| 09/29/2006 | Order/Procedural | Filed Order/Submit on Briefs. Order Submitting for Decision Without Oral Argument. Oral argument will not be scheduled and this appeal shall stand submitted for decision to the Southern Nevada Panel as of the date of this order on the briefs filed herein. | | 06-20105
|
| 09/29/2006 | Case Status Update | Submitted for Decision. | | |
| 01/22/2007 | Notice/Outgoing | Issued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes in Carson City on March 6, 2007, at 9:30 a.m. (En Banc) | | |
| 02/20/2007 | Notice/Outgoing | Issued Oral Argument Reminder Notice. | | 07-04026
|
| 03/06/2007 | Case Status Update | Submitted for Decision. To the En Banc Court. | | |
| 03/19/2007 | Order/Procedural | Filed Order. to file Transcripts. Court reporter Kit MacDonald shall have 15 days from the date of this order to prepare, file and serve the transcripts for proceedings conducted on April 28-29, 2003. Within 5 days from the date of this order, appellants/cross-respondents shall pay one-half of the transcript deposit and respondents/cross-appellants shall pay one-half of the transcript deposit to Ms. MacDonald. No extensions of time shall be permitted absent extreme and unforeseeable circumstances. | | 07-06258
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| 03/22/2007 | Notice/Incoming | Filed Notice. of Compliance with Order to Pay Transcript Deposit. | | 07-06512
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| 03/26/2007 | Notice/Incoming | Filed Notice. Respondent's Notice of Compliance with Order to Pay Transcript Deposit. | | 07-06798
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| 03/26/2007 | Notice/Incoming | Filed Notice. Respondent's Notice of Compliance with Order to Pay Transcript Deposit. | | 07-06811
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| 03/28/2007 | Motion | Filed Motion to Extend Time. | | 07-06959
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| 04/10/2007 | Order/Procedural | Filed Order Granting Motion. Court reporter Kit MacDonald shall have until May 2, 2007, to prepare, file and serve the April 28-29, 2003, transcripts. No further extensions of time shall be permitted absent demonstration of extreme and unforeseeable circumstances. | | 07-08062
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| 05/07/2007 | Transcript | Filed Transcript. Proceedings: April 28-29, 2003. Court Reporter: Kit McDonald. | | 07-10146
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| 05/07/2007 | Transcript | Filed Rough Draft Transcript of Proceedings. Proceedings: May 28-29, 2003. Court Reporter: Kit MacDonald. | | 07-10148
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| 11/21/2007 | Order/Dispositional | Filed Order Affirming in Part, Reversing in Part and Remanding. "ORDER the judgment of the district court AFFIRMED IN PART AND REVERSED IN PART AND REMAND this matter to the district court for proceedings consistent with this order Maupin, C.J., concurring." Fn19 [The Honorable Michael L. Douglas, Justice, voluntarily recused himself from participation in the decision of this matter.] EN BANC-MG/JH/RP/NS/MC. | | 07-25404
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| 12/11/2007 | Motion | Filed Motion. Appellants/Cross-Respondent's Motion for an Award of Costs. | | 07-26862
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| 12/19/2007 | Motion | Filed Motion. Appellants/Cross-Respondent's Motion for an Award of Costs and Inclusion in Remittitur pursuant to NRAP 39(d) and (e). | | 07-27480
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| 01/04/2008 | Order/Procedural | Filed Order. Regarding Costs. Appellants' December 11, 2007, motion for an award of costs is granted. We direct the clerk to issue an itemized statement of costs in the amount of $187.62 for insertion in the remittitur and to issue the remittitur forthwith. Appellants are not entitled to costs under NRAP 39(e) in this court, and appellants' motion is denied | | 08-00276
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| 01/04/2008 | Remittitur | Issued Memorandum of Costs. Costs allowed and taxed: $187.62 | | 08-00280
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| 01/04/2008 | Remittitur | Issued Remittitur. Memorandum of Costs distributed with Remittitur. | | 08-00286
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| 01/04/2008 | Case Status Update | Remittitur Issued/Case Closed. | | |
| 01/14/2008 | Remittitur | Filed Remittitur. Received by County Clerk on January 4, 2008. | | 08-00286
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